[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2259 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2259

   To establish an Office of Public Integrity in the Congress and a 
              Congressional Ethics Enforcement Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2006

   Mr. Obama introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish an Office of Public Integrity in the Congress and a 
              Congressional Ethics Enforcement Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Ethics Enforcement 
Commission Act of 2006''.

SEC. 2. OFFICE OF PUBLIC INTEGRITY.

    (a) In General.--There is established in the legislative branch an 
independent office to be known as the ``Office of Public Integrity'' 
(referred to in this Act as the ``Office'') the authority of which 
shall be vested in the Commission established in section 3.
    (b) Authority.--The Commission shall have the following authority:
            (1) Investigating lobbying disclosures filed with the 
        Senate and the House of Representatives.
            (2) Investigating Senate members and staff who violate 
        restrictions on interactions with lobbyists, as provided in 
        section 4.
            (3) Conducting research concerning governmental ethics and 
        implement any public educational programs it considers 
        necessary to give effect to this Act.
            (4) Reporting, not later than December 1 of each year, to 
        the Senate Select Committee on Ethics and the House Committee 
        on Standards of Official Conduct on the Commission's activities 
        in the preceding fiscal year which report shall include a 
        summary of Commission determinations and advisory opinions. The 
        report may contain recommendations on matters within the 
        Commission's jurisdiction.

SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION.

    (a) Membership.--The Congressional Ethics Enforcement Commission 
shall consist of 9 members--
            (1) 2 of whom shall be appointed by the Majority Leader of 
        the Senate;
            (2) 2 of whom shall be appointed by the Minority Leader of 
        the Senate;
            (3) 2 of whom shall be appointed by Speaker of the House;
            (4) 2 of whom shall be appointed by the Minority Leader of 
        the House; and
            (5) the last member shall be chosen by agreement of at 
        least 3 of the Speaker, the Senate Majority Leader, the House 
        Minority Leader, and the Senate Minority Leader
All members of the Commission shall be United States citizens. Of the 2 
members each appointed by the Senate Majority Leader and Minority 
Leader, the Speaker of the House, and the Minority Leader for the 
House, 1 shall be a former judge, and 1 shall be a former member of 
Congress.
    (b) Pay and Staff.--Commissioners shall receive a $100 per diem for 
each day of service for the Commission. Each Commissioner shall have 1 
enforcement counsel as staff, housed in an Office of Public Integrity 
created by this Act.
    (c) Terms of Service.--The members of the Commission shall be 
appointed not later than 60 days after the investment of this Act to 
serve a 2-year term. Thereafter, each member shall serve 4-year terms.
    (d) Vacancies.--Vacancies in membership of the Commission shall be 
filled by appointment by the original appointing authority in the same 
manner as the original appointments.
    (e) Limits on Employment.--While serving on the Commission, a 
member shall not--
            (1) serve as a fundraiser for a Senate or House candidate;
            (2) contribute to a candidate for Federal office;
            (3) serve as an officer in a political party;
            (4) participate in the management or conduct of the 
        political campaign of a candidate; or
            (5) serve as a registered lobbyist.
    (f) Dismissal.--A member of the Commission may be removed only by 
unanimous agreement between the Speaker of the House, the Minority 
Leader of the House, the Majority Leader of the Senate, and the 
Minority Leader of the Senate, and only for cause.
    (g) Chair and Vice Chair.--The chair and the vice chair of the 
Commission shall be elected by a majority vote of the members of the 
Commission. The chair and the vice chair shall serve terms of 1 year 
and may be reelected. The chair shall preside at meetings of the 
Commission. The vice chair shall preside in the absence or disability 
of the chair.
    (h) Meetings.--The Commission shall meet not later than 90 days 
after the date of enactment of this Act. The time and place of the 
meeting shall be determined by the chair. Thereafter, the Commission 
shall meet twice a year or at such times deemed necessary at the call 
of the chair or a majority of its members.
    (i) Quorum.--A quorum of the Commission shall consist of 5 or more 
members.
    (j) Vote Required.--An affirmative vote of 5 or more members shall 
be necessary for Commission action.

SEC. 4. INVESTIGATIONS AND REPORTS.

    (a) Complaints.--
            (1) Sworn complaint.--
                    (A) Citizen initiated.--The Commission may only 
                initiate an investigation as a result of a sworn 
                complaint filed by a citizen of the United States.
                    (B) Ban on filing prior to election.--The 
                Commission may not accept charges filed in the--
                            (i) 30 days prior to a primary election for 
                        which the Member in question is a candidate; 
                        and
                            (ii) 60 days prior to a general election 
                        for which the Member in question is a 
                        candidate.
            (2) Content.--The complaint shall be a notarized written 
        statement alleging a violation against 1 or more named persons 
        and stating the essential facts constituting the violation 
        charged. The Commission shall have no jurisdiction in absence 
        of a complaint. A member of the Commission may file a 
        complaint.
            (3) Service.--Not later than 10 days after the filing of a 
        complaint, the Commission shall cause a copy of the complaint 
        to be served upon the person alleged to have committed the 
        violation.
            (4) Answer.--Not later than 20 days after service of the 
        complaint, the person alleged to have committed the violation 
        may file an answer with the Commission. The filing of an answer 
        is wholly permissive, and no inferences shall be drawn from the 
        failure to file an answer.
    (b) Inquiry.--
            (1) In general.--Not later than 10 days after the 
        Commission receives the answer under subsection (a)(4), or the 
        time expires for the filing of an answer, the Commission shall 
        initiate a preliminary inquiry into any alleged violation of 
        this code. If a majority of the Commission staff determines 
        that the complaint fails to state a claim of an ethics 
        violation or is clearly spurious, the complaint shall be 
        dismissed.
            (2) Status.--Not later than 30 days after the commencement 
        of the inquiry, the Commission staff shall give notice of the 
        status of the complaint and a general statement of the 
        applicable law to the person alleged to have committed a 
        violation.
    (c) Rights of Alleged Violator.--The Commission shall afford a 
person who is the subject of a preliminary inquiry an opportunity to 
appear in response to the allegations in the complaint. The person 
shall have the right to be represented by counsel, to appear and be 
heard under oath, and to offer evidence in response to the allegations 
in the complaint.
    (d) Commission Proceeding.--All Commission proceedings, including 
the complaint and answer and other records relating to a preliminary 
inquiry, shall be confidential until a final determination is made by 
the Commission, except--
            (1) the Commission may, at any time, turn over to the 
        Attorney General of the United States evidence which may be 
        used in criminal proceedings; and
            (2) if the complainant or alleged violator publicly 
        discloses the existence of a preliminary inquiry, the 
        Commission may publicly confirm the existence of the inquiry 
        and, in its discretion, make public any documents which were 
        issued to either party.
    (e) Disposition.--If the Commission--
            (1) determines by the answer or in the preliminary inquiry 
        that the complaint does not allege facts sufficient to 
        constitute a violation of the rules of the Senate or the House 
        of Representatives or the Lobbying Disclosure Act of 1995, the 
        Commission--
                    (A) shall immediately terminate the matter and 
                notify in writing the complainant and the person 
                alleged to have committed a violation;
                    (B) may confidentially inform the alleged violator 
                of potential violations and provide information to 
                ensure future compliance with the law; and
                    (C) if the alleged violator publicly discloses the 
                existence of such action by the Commission, may confirm 
                the existence of the action and, in its discretion, 
                make public any documents that were issued to the 
                alleged violator; and
            (2) during the course of the preliminary inquiry, finds 
        probable cause to believe that an ethics violation has 
        occurred, the Commission--
                    (A) shall notify the alleged violator of the 
                finding; and
                    (B) may, upon majority vote, either--
                            (i) due to mitigating circumstances such as 
                        lack of significant economic advantage or gain 
                        by the alleged violator, lack of significant 
                        economic loss to the state, or lack of 
                        significant impact on public confidence in 
                        government--
                                    (I) confidentially reprimand, in 
                                writing, the alleged violator for 
                                potential violations of the law and 
                                provide a copy of the reprimand to the 
                                presiding officer of the House in which 
                                the alleged violator serves, or the 
                                alleged violator's employer, if the 
                                alleged violator is a legislative 
                                agent; or
                                    (II) if the alleged violator 
                                publicly discloses the existence of 
                                such an action, confirm the existence 
                                of the action and, in its discretion, 
                                make public any documents which were 
                                issued to the alleged violator; or
                            (ii) initiate an adjudicatory proceeding to 
                        determine whether to present a case to the 
                        Select Committee on Ethics of the Senate or the 
                        Committee on Standards of Official Conduct of 
                        the House of Representatives as to whether 
                        there has been a violation.
    (f) Conducting Investigation.--As a part of an investigation, the 
Commission may--
            (1) administer oaths;
            (2) issue subpoenas;
            (3) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony;
            (4) take the deposition of witnesses; and
            (5) conduct general audits of filings under the Lobbying 
        Disclosure Act of 1995.
    (g) Contempt.--If a person disobeys or refuses to comply with a 
subpoena, or if a witness refuses to testify to a matter regarding 
which he may be held in contempt of Congress.
    (h) Fees for Witnesses.--Each witness subpoenaed under this section 
shall receive for his attendance the fees and mileage provided for 
witnesses in the District of Columbia Circuit Court, which shall be 
audited and paid upon the presentation of proper vouchers sworn to by 
the witness.
    (i) Ethics Committees.--
            (1) Preliminary investigation.--The investigation of the 
        Commission under this section shall be in lieu of the 
        preliminary ethics investigation required for the Select 
        Committee on Ethics of the Senate or the Committee on Standards 
        of Official Conduct of the House of Representatives. Those 
        committees shall not conduct preliminary investigations upon 
        the establishment of the Commission.
            (2) Referral.--Upon a majority vote of the Commission at 
        the conclusion of the adjudicatory proceeding, the Commission 
        may present a case with evidence to the Select Committee on 
        Ethics of the Senate or the Committee on Standards of Official 
        Conduct of the House of Representatives, as appropriate. The 
        Select Committee on Ethics of the Senate and the Committee on 
        Standards of Official Conduct of the House of Representatives 
        shall retain the authority to impose sanctions.
    (j) Civil Offense.--Upon a majority vote of the Commission, the 
Office of Public Integrity could refer potential legal violations to 
the Justice Department for Civil Enforcement.
    (k) Public Report.--Unless otherwise provided in this Act, the 
Commission shall make each report and statement filed under this Act 
available for public inspection and copying during regular office hours 
at the expense of any person requesting copies of them and at a charge 
not to exceed actual cost, not including the cost of staff required.

SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES.

    (a) In General.--Any person who--
            (1) knowingly files with the Commission a false complaint 
        of misconduct on the part of any legislator or other person 
        shall be subject to a $10,000 fine or the cost of the 
        preliminary review, whichever is greater, and up to 1 year in 
        prison; and
            (2) encourages another person to file a false complaint of 
        misconduct on the part of any legislator or other person shall 
        be shall subject to a $10,000 fine or the cost of the 
        preliminary review, whichever is greater, and up to 1 year in 
        jail.
    (b) Subsequent Complaints.--Any person subject to either of the 
penalties in subsection (a) may not file a complaint with the 
Commission again.
                                 <all>